Current through Register Vol. 56, No. 18, September 16, 2024
(a) The
following licensee records maintained by the Department shall be public records
in accordance with
47:1A-1 et seq.:
1. For an individual licensee, his or her
name; license reference number; business mailing and location address; date of
birth; license authorities; date first licensed; date last licensed or current
license expiration date; names and reference numbers of licensed organizations
for which the public adjuster is a sublicensee, date became a sublicensee and
date terminated, if any; names and reference numbers of employers, date
relationship began and terminated; the institution of formal administrative
proceedings; and the disposition of any final action taken against the licensee
by the Department.
2. For a
licensed organization, the legal name of the public adjuster; license reference
number; other business name, if any; business mailing and location address;
license authorities; date first licensed; date last licensed or current
expiration date; names and reference numbers of sublicensees, and reference
numbers of employees, date relationship began and terminated; the institution
of formal administrative proceedings; and the disposition of any final action
taken against licensed organization by the Department.
(b) The following licensee records are
specifically determined to be nonpublic records in accordance with
47:1A-1 et seq.;
1. Criminal complaints, indictments,
judgments of conviction and other separate documents submitted in connection
with a license application concerning whether an applicant is disqualified by
reason of conviction of a crime;
2.
Criminal history records obtained as the result of any fingerprint
check;
3. Copies of judgments,
orders or pending actions of any civil penalty or fine or order of restitution,
pursuant to any unfair trade practice statute, insurance fraud statute,
consumer fraud or consumer protection statute, or any similar statute in this
or any other state or by the Federal government submitted in connection with a
license application;
4. Copies of
orders of suspension or revocation issued by professional or occupational
licensing authorities, and other separate documents submitted in connection
with a license application;
5.
Records concerning the medical disability of any licensee;
6. Investigative files in any matter pending
investigation, or in any completed investigation in which no administrative
action was instituted or taken; and
7. Records concerning the contents of the
licensing examination questions.
(c) Upon request by any person, the
Department may issue a certification of the license status of any currently
licensed public adjuster licensed within the preceding four years. Such
certification shall contain the licensee's name, date of birth, license
reference number, whether currently licensed or expired, whether qualified by
examination or the equivalent, and whether any formal disciplinary action was
taken during the last four years.
(d) Nothing in this section shall compel the
Department to maintain licensee records beyond normal retirement or destruction
schedules as approved by the Division of State Library, or to retrieve and
provide a copy of any written record required to be filed with the Department
when the information requested is available as a certified abstract of
information contained in the Department's electronic data processing system.
